The New York Motion for Continuance in the context of personal injury cases refers to a legal procedure used when a party involved in a lawsuit requests to postpone or delay the proceedings for various reasons. This motion allows the court to decide whether the case can be continued to a later date or if it should proceed as scheduled. In personal injury cases, the need for a motion for continuance may arise due to several factors. Here are some common scenarios that may warrant this motion: 1. Medical Treatment Continuation: If the plaintiff requires further medical treatment or is unable to attend court hearings due to their injuries, a motion for continuance may be filed to allow time for the plaintiff to recover or complete their treatment before proceeding with the case. 2. Investigative Delays: Sometimes, additional time is necessary for further investigation or discovery to gather essential evidence, interview witnesses, or evaluate expert testimonies. In such cases, a motion for continuance can be filed to grant more time for the necessary research, ensuring a fair and comprehensive trial. 3. Conflict of Schedule: Both parties may request a continuance if they have scheduling conflicts with other court proceedings, personal commitments, or unavoidable circumstances that prevent them from attending the trial. This motion allows the court to reschedule the trial to a mutually convenient date for all involved parties. 4. Legal Representation Change: If either party experiences a change of legal representation during the litigation process, requesting a continuance allows the new attorney to familiarize themselves with the case, review previously filed documents, and prepare adequately, ensuring the client's best interest is represented effectively. 5. Settlement Negotiations: In personal injury lawsuits, negotiations for a settlement often take place between the involved parties. If significant progress is made towards reaching a settlement, a motion for continuance may be filed to allow parties to finalize the agreement without the need for trial. It's essential to note that these are just common examples, and there might be more specific instances where a motion for continuance is applicable in personal injury cases in New York. Both plaintiffs and defendants can file this motion, and it is up to the court's discretion to grant or deny it based on the provided reasons and the impact on the fairness and efficiency of the legal proceedings. In summary, a New York Motion for Continuance in the context of personal injury cases is a legal procedure used to request a postponement or a delay in trial proceedings based on various reasons. Parties involved may file this motion to allow for medical treatment continuation, investigative delays, scheduling conflicts, legal representation changes, or to facilitate settlement negotiations.
New York Motion for Continuance - Personal Injury
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22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial (Cal. Rules of Ct., Rule 3.1332(c)(7)).
A Motion for Continuance is a motion that one party files with the court seeking the court move a hearing or other court date.
(a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.
Section 202.8-a - Motion in General (a) Form of Motion Papers. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Within 20 days after service of a note of issue and certificate of readiness, any party to the action or special proceeding may move to vacate the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note of issue if it appears that a material fact in the ...